In July 2009 the DMV suspended the Clients driver’s license for an indefinite time period for chronic and excessive use of alcohol after she was arrested for her third and fourth DUIs. The Client sought to have her license reinstated in March 2013, August 2013, and in April 2014. In all three instances, the DMV refused to reinstate the Client’s license because it believed she needed a longer period of sobriety.

After we filed the paperwork to get the case started in the court, and conducted a hearing to have a temporary license issued while the case was pending, the DMV offered to reinstate the Client’s license in exchange for her dismissing the case and waiving a claim to costs and attorney’s fees. The basis was that we were able to show that not only had DMV violated its own guidelines in refusing to reinstate the Client’s license, but that it had violated the Client’s First Amendment Freedom of Religion Rights by requiring her to attend specific faith based self-help programs (AA) in order to have her license reinstated.

Writ of Mandate - 4th DUI Lic. Suspension CASE DISSMISSED

Tamera W. v. DMV (08-20-14) (Orange County)